Shevuos 41b

שבועות מ״א ע״ב

Shevuot 41b

Learn Shevuos 41b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Repaying a loan in front of witnesses: רב אסי, שמואל, רבא's rulings, and court cases about loans and witnesses

Overview

The גמרא asks whether a borrower must repay in front of witnesses. In one version, רב אסי says yes, when the loan itself was made in front of witnesses. In רב יוסף's version, witnesses are needed only if the lender asked for them. שמואל adds that even then, the borrower is believed if he says he paid in front of two people who went overseas. A משנה seems to refute שמואל, and the גמרא defends him with a ברייתא where רבי יהודה בן בתירא agrees. רב אחא then shows that this ברייתא may be about something else. רבא's ruling is reported in two versions, and the second one follows שמואל. The גמרא then tells several court cases about loans and witnesses: a lender who named specific witnesses, a lender who was paid privately when he had asked for learned witnesses, a borrower who denied the loan entirely, and a borrower whose named witnesses denied his repayment. A new case about a 600-זוז debt begins and continues on the next amud.

Opening lines

The steps (23)

1. ChallengeThe משנה seems to refute רב אסי
2. Resolutionרב אסי: my rule is only for a loan made with witnesses
3. Statementרב יוסף's version: witnesses are needed only if the lender asked for them
4. Statementשמואל: he can claim the witnesses went overseas
5. ChallengeThe משנה refutes שמואל
6. Resolutionשמואל follows a תנא in a ברייתא
7. RejectionMaybe the ברייתא is talking about the time of the claim
8. Conclusionרב פפי's ruling: a loan with witnesses must be repaid with witnesses
9. Conclusionרב פפא's version of רבא's ruling
10. StatementMemory aid for the stories that follow
11. StatementA lender names specific witnesses for repayment
12. Statementאביי: any two witnesses are enough
13. Rejectionרבא: the named witnesses matter
14. StatementA lender asks for learned witnesses, but is paid privately
15. StatementThe lender claims he held the money only as a deposit
16. Conclusionרב נחמן: taking the money is full repayment
17. StatementA borrower denies the loan, but witnesses say it was lent and repaid
18. Statementאביי: the same witnesses said both things, so nothing can be done
19. Statementרבא: saying 'I never borrowed' is like saying 'I never repaid'
20. StatementThe borrower names witnesses to his repayment, and they deny it
21. Statementרב ששת first thinks the borrower is now a known denier
22. Rejectionרבא: people do not remember what was not their responsibility
23. StatementA third case begins: a claim of 600 זוזים and a repayment in produce